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Making a Claim / How Medical Negligence Claims Work
Making a claim

How Medical Negligence Claims Work

A step-by-step guide to initial assessment, records, expert evidence, negotiation and resolution.

Doctor speaking with a patient during a calm consultation
At a glance

The claim journey

  1. 01

    Initial enquiry

    Tell us what happened, when the treatment took place and how you were affected.

  2. 02

    Early assessment

    The key facts, limitation position and whether further investigation may be appropriate are considered.

  3. 03

    Records & evidence

    Relevant medical records, chronology and evidence of any financial losses may be obtained.

  4. 04

    Expert review

    Appropriate independent experts may address breach of duty, causation, condition and prognosis.

  5. 05

    Claim & negotiation

    Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.

  6. 06

    Resolution

    The matter may conclude by agreement or, where necessary, through the court process.

Medical negligence claims are evidence-led. The investigation typically considers the treatment provided, what a competent clinician should have done, whether the difference caused harm and what losses followed.

Important: This page provides general information. Limitation, funding and the merits of a claim require advice on the individual circumstances.

Initial assessment

The starting point is a clear chronology: what treatment took place, what you believe went wrong, the injury or deterioration that followed and the key dates.

Medical records and independent evidence

Relevant medical records can be requested and reviewed. Appropriate independent experts may then be instructed to comment on breach of duty, causation and prognosis.

Valuing the consequences

If negligence caused loss, the assessment can consider the injury itself and reasonable financial consequences.

  • Loss of earnings
  • Care and assistance
  • Treatment and rehabilitation
  • Travel, equipment or accommodation needs
  • Future losses where supported by evidence

Resolution

Many claims resolve through negotiation. Court proceedings may be required where liability or the value of the claim remains disputed.

Questions answered

Frequently asked questions

How long does the process take?

There is no single timeframe. Complexity, severity of injury, expert evidence and whether liability is disputed can all affect duration.

Will I need to attend court?

Many claims settle before trial. If court proceedings become necessary, your legal team should explain what is required at each stage.

Free initial enquiry

Think you may have a medical negligence claim?

Tell us what happened and our team can explain the next steps.

Check your claimCall 020 3337 6322